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By Criminal Defense Attorney Oleg Fastovsky of Price Benowitz LLP

In December of 2015, Noah Leotta, a police officer, was killed by a driver under the influence while he was stopping another vehicle.

In response to the tragic accident, the Maryland legislature enacted the Drunk Driving Reduction Act of 2015, named ‘Noah’s Law.’ The new law expanded the requirement of interlock ignition devices on vehicles when a driver has been convicted of a DUI. Now, Noah’s family is advocating for more execution of the law, hoping to pressure judges into enforcing it more than they are now.

The advocacy group is calling themselves Noah’s on Patrol. It is a small group of people headed by Noah’s father, Rich Leotta. Noah’s on Patrol is starting their movement in Montgomery County, where Noah was working at the time of his death.

Rich Leotta says that in cases of probation before judgement (PBJ), those facing DUI charges are not being required to have an interlock device installed in their vehicle. Instead he states, these individuals are simply getting a slap on the wrist, and that is not what Noah’s Law was intended to be. He believes this needs to change.

To combat the problem he sees, Leotta has started sitting in courtrooms where DUI cases are being heard. His hope in doing this is that judges will know they are being watched by those expecting Noah’s Law to be enforced.

“There really is no problem with the way the judges are handling these PBJ cases,” says Oleg Fastovsky of Price Benowitz, LLP. “Noah’s Law states that those convicted of a DUI must have the device installed in their vehicles. However, a PBJ means there has been no conviction, a person has not been found guilty of the crime. So there is no contradiction of Noah’s Law in these cases.”

Often when many of these convicted individuals show up in court, they already have the device installed on their vehicle, as it is sometimes required following an arrest. The judge would be provided with that information before the hearing. This means that there would be no reason to mention the requirement as part of someone’s probationary sentence.

Once it was cutting edge; a few decades later, it was obsolete. Now, Crystal City has a golden opportunity to reinvent itself yet again — as National Landing — after Amazon chose the urban neighborhood in Arlington County as one of its two new headquarters.

“It’s a decision that I think will be a benchmark and a case study for many years to come,” says Uwe Brandes, faculty director of the Georgetown University Master’s program in Urban & Regional Planning.

Here, Brandes talks with Glenn Williamson, faculty director of the Master’s in Real Estate program, about the decision’s impact on Northern Virginia and the entire Washington, D.C. region.

Crystal City developer JBG Smith “had a portfolio of buildings that were obsolete, and they were like ugly ducklings,” Williamson said. “And what they’ve managed to do now with this property is to turn it into a beautiful swan.”

https://www.youtube.com/watch?time_continue=4&v=j0tZY-e2wfw

By Criminal Defense Attorney Jo-Anna Nieves of The Nieves Law Firm

In 2018 California Governor Jerry Brown signed a bill that will abolish the cash bail requirement in California’s justice system.

It is something that Brown has been fighting for since 1979 and that gained momentum after a California appellate court deemed the court’s cash bail system to be unconstitutional. While cash bail will still be a part of the court system for the next year, it will be a thing of the past beginning in October 2019.

The new law has been named the California Money Bail Reform Act. Under the Act, individuals charged with a crime will no longer have to post cash bail in order to be released. Instead, the courts will determine if someone is eligible for release, or if they need to remain in custody.

Each jurisdiction will be responsible for creating their own formula to be used when making those decisions. That formula will include a number of different elements of each individual case. The courts will determine the likelihood of a defendant appearing for future court appearances, the severity of the crime and how likely the accused is to reoffend if released.

When the courts decide that someone could be released, that release may come with some conditions. Some individuals may have to agree to be monitored via GPS, while others may have to regularly meet with an officer.

“The bail system has been in need of reform and the new law took a step in the right direction in eliminating disparities in income when it comes to release” says Jo-Anna Nieves of The Nieves Law Firm.

“In the past only the rich have been able to pay for their freedom while those with financial challenges had to remain in custody. SB10 landed a blow to the cash bail system but the continuing concern is that it does not provide for presumptive release; instead, it allows judges to have subjective discretion to err on the side of preventative detention with the burden on the defense to prove otherwise.”

The new California law is similar to a cashless bail system in Washington, D.C., but there are differences between the two. In Washington, D.C., the majority of defendants can be released without cash bail. Prior to their release however, they must provide a signature bond, which is an agreement that they will appear for all future court hearings.

As in California, other conditions may also be attached to that release including meeting with a Pre-Trial Services worker, random drug testing, or orders to stay away from certain individuals.

Other defendants in Washington, D.C. however, are not so lucky. When the crime committed is considered to be serious, the defendant may still be required to post cash bail before being released.

It is this difference that truly separates the recent change in California law from the law in the nation’s capital, and makes California the first state to completely abolish cash bail altogether.

While therapy is known to help the attendees, it’s less common for that experience to have a direct impact on the local community. Kennedy Counseling Collective (KCC), located on Kennedy Street in the Petworth-Brightwood neighborhood, seeks to change that.

Founded on the belief that everyone should have access to quality therapy, KCC dedicates time to provide pro bono therapy to individuals of need at The Kennedy family shelter.

“Unlike traditional private practices, our clients not only receive top notch mental health support, but they can feel good knowing they contribute to that same great care being offered to those who normally would not have access to a private practice,” said Heidi Vanderwerff, co-owner.

Cofounders Heidi Vanderwerff and Marjorie Strachman Miller said they chose Kennedy Street because of a lack of available therapy services and the connection they felt to the area.

KCC makes going to therapy convenient and comfortable in your own neighborhood for all ages and family configurations.

Kennedy Counseling Collective’s team of therapists offers:

• Play therapy for children (2-and-up)
• Family therapy with adolescents
• Couples counseling
• Support for individuals seeking to feel and perform their best
• Therapy for identity formation
• Therapy for those who find themselves in the caregiving role for children and aging parents
• Virtual sessions

Kennedy Counseling Collective is located at 508 Kennedy St., NW, Suite 300, convenient to street parking, bus routes, and Capital Bikeshare in DC and Maryland.

Visit www.kennedycounselingcollective.com to learn more and book an appointment.